DUAL VICARIOUS LIABILITY – A REMINDER

In Hwa Aik Engineering Pte Ltd v Munshi Mohammad Faiz and anor [2021] SGHC(A) 1 (“Hwa Aik v Munshi”), the newly established Appellate Division of the High Court refused to grant leave to appeal against the General Division’s recent decision on dual vicarious liability.

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Xian Ying Tan
ARBITRATION AGREEMENT PITFALL

In Cheung Teck Cheong Richard and others v LVND Investments Pte Ltd [2021] SGHC 28 (“Cheung v LVND”), the Singapore High Court found that there was an arbitration agreement based on the parties’ course of conduct and stayed the Court proceedings commenced by the plaintiffs.

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Xian Ying Tan
MUNSHI MOHAMMAD FAIZ V INTERPRO CONSTRUCTION PTE LTD [2021] SGHC 26: DUAL VICARIOUS LIABILITY FOR A SINGLE TORTFEASOR

The High Court recently held that multiple defendants could be vicariously liable for the negligence of a single tortfeasor. Applying the general test in Ng Huat Seng v Munib Mohammad Madni [2017] 2 SLR 1074 (“Ng Huat Seng”), a sub-contractor (“1D”) was found to be vicariously liable for the negligence of another sub-contractor’s (“3D”) employee at the worksite of the construction project (“Project”).

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Xian Ying Tan
NUISANCE VS. CONTINUING NUISANCE

In the England and Wales Court of Appeal (“EWCA”) decision of Jalla & Ors v Shell International Trading and Shipping Company & Anor [2021] EWCA Civ 63 (“Jalla v Shell”), the EWCA dealt with the distinction between a cause of action for nuisance versus a cause of action for continuing nuisance.

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Xian Ying Tan
TIMING LTD V TAY TOH HIN [2021] SGHC 5: GARNISHING A JOINT ACCOUNT – CAN YOU PROVE IT?

The recent decision of Timing Ltd v Tay Toh Hin [2021] SGHC 5 considered whether the provisional garnishee order granted at the show cause stage for two joint accounts in Timing Ltd v Tay Toh Hin [2020] SGHC 169 should be made final. The High Court was not satisfied that this was proven on the facts because evidence showed that the account holders intended for the bank account to be beneficially owned by both.

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Xian Ying Tan